Common use of Failure to Submit Encounter Data Clause in Contracts

Failure to Submit Encounter Data. The Department and Contractor acknowledge and agree that they will work in good faith to implement mutually agreed upon system requirements resulting in the complete and comprehensive transfer and acceptance of Encounter Data and that such mutual agreement shall not be unreasonably withheld. The Department and Contractor further acknowledge and agree that such implementation shall be satisfactorily completed no later than January 1, 2012, unless the failure to do so is the fault of the Department. Thereafter, if the Department determines that Contractor has not met the requirements of Attachment XIII and this Section 7.16.3 regarding Encounter Data, the Department will send Contractor a notice of non-compliance. If Contractor does not demonstrate compliance with these requirements by the end of the thirty (30) day period following the notice, the Department, without further notice, may impose a late fee of $10,000.00 to $50,000.00. At the end of each subsequent period of thirty (30) days in which Contractor is out of compliance, the Department may, without further notice, impose an additional late fee of $10,000.00 to $50,000.00.